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Topic 02 — Formation & Composition of the Constituent Assembly

Topic 02 of 6 · Chapter 01 · Indian Polity

Formation & Composition of the Constituent Assembly

How the Constituent Assembly was formed under the Cabinet Mission Plan, its total strength, how members were elected, and who the key figures were.

1. Formation Under the Cabinet Mission Plan

The Constituent Assembly of India was set up under the Cabinet Mission Plan of May 1946. The Cabinet Mission — comprising Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander — proposed a detailed scheme for the formation of the Assembly.

💡 Key Point: The Constituent Assembly was not directly elected by the people of India on the basis of adult franchise. It was indirectly elected — members were chosen by the elected members of the Provincial Legislative Assemblies.

Elections to the Constituent Assembly were held in July–August 1946. The INC won a massive majority, securing 208 out of 296 seats from British India.

2. Composition & Strength

389
Original Strength
296
British India Seats
93
Princely States
299
After Partition
CategorySeatsDetails
British India Provinces296Elected by Provincial Legislative Assemblies
Princely States93Nominated by rulers of Princely States
Total (Original)389Before partition
Total (After Partition)299After Pakistan’s representatives left
⭐ Exam Fact: The Constituent Assembly was indirectly elected — by members of Provincial Legislative Assemblies. This was one of the main criticisms of the Assembly.

3. How Members Were Elected

The election process followed proportional representation with single transferable vote:

  1. Each Province was allotted seats proportional to its population
  2. Seats were divided among three communities: General, Muslims, Sikhs
  3. Members of each community in the Provincial Legislative Assembly voted for their representatives
  4. Princely States’ representatives were nominated by the rulers, not elected
✅ Result: INC won 208 seats, Muslim League won 73 seats, others won 15 seats. The Muslim League later boycotted the Assembly.

4. Key Members of the Constituent Assembly

NameRole / Contribution
Dr. Rajendra PrasadPermanent President of the Constituent Assembly
Dr. B.R. AmbedkarChairman, Drafting Committee — “Father of the Indian Constitution”
Jawaharlal NehruMoved the Objective Resolution; key architect
Sardar Vallabhbhai PatelChairman, Advisory Committee on Fundamental Rights & Minorities
Dr. Sachchidananda SinhaTemporary (Provisional) President of the first meeting
Sir B.N. RauConstitutional Adviser — prepared the initial draft
H.C. MukherjeeVice-President of the Constituent Assembly
V.T. KrishnamachariVice-President of the Constituent Assembly
K.M. MunshiMember of Drafting Committee
Alladi Krishnaswami AyyarMember of Drafting Committee; legal expert
📌 Drafting Committee had 7 members: Dr. B.R. Ambedkar (Chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, Dr. K.M. Munshi, Syed Muhammad Saadullah, B.L. Mitter (→ Madhava Rao), D.P. Khaitan (→ T.T. Krishnamachari).

5. The Assembly After Partition (1947)

  • The Constituent Assembly was reconstituted
  • Representatives of provinces that went to Pakistan left the Assembly
  • Strength reduced from 389 to 299
  • Assembly served a dual purpose: framing the Constitution AND functioning as the Provisional Parliament
⭐ Dual Role: After August 15, 1947, the Constituent Assembly acted both as the constitution-making body AND as the Provisional Parliament until the first general elections in 1952.

6. Key Points for Exam

🔑 Must-Remember Facts

  • Constituent Assembly formed under Cabinet Mission Plan, 1946
  • Original strength: 389 (296 British India + 93 Princely States)
  • After partition: 299 members
  • Election method: Proportional representation with single transferable vote
  • Members were indirectly elected by Provincial Legislative Assembly members
  • Princely States’ members were nominated by rulers
  • INC won 208 seats; Muslim League won 73 seats
  • Muslim League boycotted the Assembly
  • Permanent President: Dr. Rajendra Prasad
  • Drafting Committee Chairman: Dr. B.R. Ambedkar
  • Constitutional Adviser: Sir B.N. Rau
  • After partition, Assembly also served as Provisional Parliament